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Legal Information: Ohio


November 3, 2020

Can a parent who committed violence get custody or visitation?

The judge must take into consideration whether the parent has a history of (or the potential to commit) domestic violence, child abuse and parental kidnapping when making a parental rights and responsibility (custody) decision. The judge will also take into consideration if one of the parents previously has been convicted of or pleaded guilty to domestic violence, a sexual offense, or any criminal offense involving any act that resulted in a child being an abused child or a neglected child or any crime that resulted in physical harm against someone who is a member of the family or household involved in the custody case.1

However, there are many other factors that s/he will consider as well. See How will a judge make a decision about parental rights and responsibilities (custody)? Therefore, the fact that a parent committed domestic violence does not necessarily mean that s/he will be denied custody.

It is recommended that you seek legal advice from a lawyer to assist you in any custody case, especially one involving domestic violence issues. For information on how to find a lawyer see our OH Finding a Lawyer page.

1 Ohio Rev. Code § 3109.04(F)(1), (F)(2)(c)